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A Bludgeon By Any Other Name: The Misuse Of Ethical Rules Against Prosecutors To Control The Law Of The State, Frank O. Bowman Iii
My objective here is threefold: (1) to explain these ethical rules and demonstrate how each is in conflict with longstanding principles of federal criminal law; (2) to explain why these rules are illegitimate, both as rules of ethics and as rules of positive law; and (3) to offer some observations on how the dispute over these rules can sharpen our thinking about the nature and proper limits of ethical rules governing lawyers.